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GIFT  OF 
Professor  3. H.Lehman 


. 


LAWS    RELATING    TO 
ART  COMMISSIONS 


Printed       for       the 
ART    COMMISSION 

of  the  City  of   New  York 


MAY,  1914 


LAWS    RELATING    TO 
ART  COMMISSIONS 


Printed       for       the 
ART    COMMISSION 

of  the   City  of   New  York 


MAY,  1914 


\  Ye- 


V 


i!333-14-500. 


CONTENTS 


PAGE 

Baltimore    5 

Boston 7 

Charleston 10 

Chicago 11 

Cleveland 15 

Commission  of  Fine  Arts  (National) 17 

Connecticut 18 

Denver 20 

Detroit   22 

Jersey  City 25 

Los  Angeles 28 

Massachusetts 32 

Milwaukee 34 

Minneapolis    36 

Mount  Vernon 38 

Newark 25 

New  Haven 41 

New  York 42 

Philadelphia 46 

Pittsburgh    49 

Yonkers   53 


821805 


LAWS  RELATING  TO  ART  COMMISSIONS 


City  of  Baltimore 

201.  There  shall  be  an  art  commission,  to  consist 
of  the  mayor  of  the  city  of  Baltimore  and  seven  others, 
to  be  named  by  the  following  institutions,  and  appointed 
by  the  mayor  in  the  manner  prescribed  in  section  25  of 
this  article,  and  hold  their  offices  as  therein  provided: 
One  shall  be  named  by  the  Maryland  Historical  Soci- 
ety, one  by  the  Johns  Hopkins  University,  one  by  the 
Peabody  Institute,  one  by  the  Maryland  Institute  for 
the  Promotion  of  the  Mechanic  Arts,  one  by  the  Architec- 
tural Club  of  Baltimore  one  by  the  board  of  park  com- 
sioners,  and  one  by  the  Charcoal  Club;  the  members  of 
the  commission  shall  serve  without  pay.  If  any  of  said 
institutions  shall  fail  to  name  a  commissioner  for  thirty 
days  after  having  been  requested  in  writing  by  the 
mayor  to  do  so,  the  mayor  shall  name  such  commissioner. 

202.  No  statue,  ornamental  fountain,  arch  or  gate- 
way, monument  or  memorial  of  any  kind  shall  be  erected, 
nor  any  change  made  in  those  already  erected  in  any 
public  street,  avenue,  square,  place,  park  or  municipal 
building  in  the  city  of  Baltimore,  unless  the  design  and 
site  or  proposed  change  for  the  same  shall  have  been  sub- 
mitted to  the  commission  and  approved  by  a  majority 
thereof,  and  its  report  shall  have  been  made  to  the  city 
council;  said  report  shall  be  made  within  thirty  days 
from  the  time  when  the  design  and  site  or  proposed 
change  as  above  specified  shall  have  been  submitted  to 
the  commission  for  its  approval. 

203.  The  commission  shall,  at  the  request  of  the 
mayor,  or  the  city  council,  give  its  advice  as  to  the 
suitability  of  the  design  for  any  public  building,  bridge 


6 

or  other  structure,  and  shall  report  thereon  in  writing 
to  the  city  council.  All  vacancies  in  said  commission 
shall  be  filled  by  the  mayor  from  those  named  by  the 
institutions  as  herein  provided;  and  in  case  any  of  said 
institutions  fail  for  thirty  days,  after  receiving  the  re- 
quest of  the  mayor  to  name  a  person  to  fill  the  said 
vacancy,  the  mayor  shall  fill  it  with  a  person  of  his  own 
selection. 


City  of  Boston 
(Laws  of  1898,  Chapter  410) 

Section  1.  An  art  department  is  hereby  established 
in  the  city  of  Boston,  to  be  under  the  charge  of  a  board 
of  five  art  commissioners,  all  of  whom  shall  be  citizens 
of  the  city  of  Boston,  to  be  appointed  by  the  mayor  of 
said  city,  without  confirmation.  Said  mayor  shall,  in 
the  year  eighteen  hundred  and  ninety-eight,  appoint  one 
member  of  said  board  to  serve  for  the  term  of  five  years, 
one  for  the  term  of  four  years,  one  for  the  term 
of  three  years,  one  for  the  term  of  two  years, 
and  one  for  the  term  of  one  year,  each  term  be- 
ginning with  the  first  day  of  May  in  said  year;  and 
thereafter  said  mayor  shall,  on  or  before  the  first  day  of 
May  of  each  year,  appoint  one  member  of  said  board  to 
serve  for  the  term  of  five  years  beginning  with  said  day. 
The  members  of  said  board  shall  be  appointed  by  the 
mayor  as  follows:  one  from  a  list  of  three  persons  se- 
lected by  the  trustees  of  the  Museum  of  Fine  Arts,  one 
from  a  list  of  three  persons  selected  by  the  trustees  of 
the  Boston  Public  Library,  one  from  a  list  of  three  per- 
sons selected  by  the  trustees  of  the  Massachusetts  In- 
stitute of  Technology,  one  from  a  list  of  three  persons 
selected  by  the  Boston  Art  Club,  and  one  from  a  list  of 
three  persons  selected  by  the  Boston  Society  of  Archi- 
tects ;  and  whenever  the  term  of  a  member  of  said  board 
appointed  from  such  a  list  expires,  the  mayor  shall  ap- 
point his  successor  from  a  list  selected  by  the  body  which 
made  the  original  selection  as  aforesaid.  The  members 
of  said  board  shall  serve  without  compensation.  Said 
board  may  appoint  a  secretary  outside  of  its  own  mem- 
bership, who  shall  serve  without  compensation. 

Sec.  2.  Hereafter  no  work  of  art  shall  become  the 
property  of  said  city  by  purchase,  gift  or  otherwise  un- 
less such  work  of  art,  or  the  design  for  the  same,  to- 


8 

gether  with  a  statement  of  the  proposed  location  of  the 
same  shall  first  have  been  submitted  to  and  approved  by 
said  board  acting  by  a  majority  of  all  its  members;  nor 
shall  any  work  of  art,  until  so  approved,  be  erected  or 
placed  in,  over  or  upon,  or  allowed  to  extend  in,  over  or 
upon  any  street,  avenue,  square,  place,  common,  park, 
municipal  building  or  other  public  place  under  the  con- 
trol of  said  city  or  any  department  or  officer  thereof. 
No  existing  work  of  art  in  the  possession  of  said  city 
shall  be  removed,  relocated  or  altered  in  any  way  with- 
out the  similar  approval  of  said  commission,  and  any 
such  work  of  art  shall  be  removed,  relocated  or  altered 
in  any  way  that  may  be  ordered  by  a  vote  passed  and 
approved,  in  writing,  by  all  the  members  of  said  com- 
mission, and  also  approved  by  the  mayor. 

Sec.  3.  When  so  requested  by  the  mayor  or  the 
city  council,  said  commission  may  in  its  discretion  act  in  a 
similar  capacity  with  similar  powers,  in  respect  to  the 
design  of  any  municipal  building,  bridge,  approach, 
lamp,  ornamental  gate  or  fence,  or  other  structure 
erected,  or  to  be  erected,  upon  land  belonging  to  the 
city,  and  in  respect  to  any  arch,  bridge,  structure  or  ap- 
proach which  is  the  property  of  any  corporation  or  in- 
dividual, and  extends  in,  over  or  upon  any  street,  ave- 
nue, highway,  park  or  public  place ;  but  this  section  shall 
not  apply  to  structures  authorized  to  be  erected  under 
the  provisions  of  chapter  five  hundred  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-seven  and  shall  not  be 
construed  as  intended  to  impair  the  power  of  the  board 
of  park  commissioners  of  said  city  to  refuse  its  consent 
to  the  erection  or  acceptance  of  any  public  monument  or 
memorial,  or  other  work  of  art  of  any  sort,  within  any 
park  or  public  place  in  said  city  under  the  jurisdiction 
of  said  board. 

Sec.  4.  The  term  "  work  of  art,"  as  used  in  this 
act,  shall  apply  to  and  include  all  paintings,  mural 


9 

decorations,  statues,  bas-reliefs,  sculptures,  monuments, 
fountains,  arches,  ornamental  gateways  and  other  struc- 
tures of  a  permanent  character  intended  for  ornament  or 
commemoration. 

Sec.  5.  If  said  commission  shall  fail  to  decide 
upon  any  matter  submitted  to  it  within  sixty  days  after 
such  submission,  its  decision  shall  be  deemed  unneces- 
sary. 

Sec.  6.  All  contracts  or  orders  for  the  execution 
of  any  painting,  monument,  statue,  bust,  bas-relief  or 
other  sculpture  for  said  city  shall  be  made  by  said  board, 
acting  by  a  majority  of  all  its  members,  subject  to  the 
approval  of  the  mayor. 

Sec.  7.  Chapter  one  hundred  and  twenty-two  of 
the  acts  of  the  year  eighteen  hundred  and  ninety  is 
hereby  repealed. 

Sec.  8.     This  act  shall  take  effect  upon  its  passage. 


10 


City  of  Charleston 
(Laws  of  1910) 

Section  1.  That  a  board  to  be  known  as  the 
"  Charleston  Art  Commission,"  be,  and  is  hereby  estab- 
lished. The  members  of  said  commission  shall  be  ap- 
pointed by  the  mayor  in  every  fourth  year  from  the 
date  of  the  ratification  of  this  ordinance. 

Sec.  2.  That  said  commission  shall  be  composed  of 
the  mayor,  the  director  of  the  Charleston  Museum  and 
six  citizens  to  be  appointed  as  follows:  One  represent- 
ing the  Carolina  Art  Association,  one  the  Charleston 
Library  Society,  one  the  South  Carolina  Historical 
Society,  and  three  citizens  to  be  appointed  by  the  mayor. 
The  said  commission  shall  serve  without  compensation 
for  the  term  of  four  (4)  years  from  the  date  of  then- 
appointment,  and  until  their  successors  shall  have  been 
appointed.  All  vacancies  in  said  commission  from  death, 
resignation,  removal  from  the  city  or  other  causes,  shall 
be  filled  in  like  manner  as  the  original  appointment. 

Sec.  3.  The  said  commission  shall  act  as  an  ad- 
visory board  in  matters  looking  to  the  public  improve- 
ment. They  shall  make  a  report  annually,  or  as  often 
as  they  may  deem  otherwise,  to  the  city  council,  making 
recommendations,  whereby  the  city  beautiful  and  the 
city  historic  may  be  preserved.  The  city  council  may 
from  time  to  time  refer  to  this  commission  matters 
affecting  the  aesthetic  and  historic  interests  of  the  city. 


11 


City  of  Chicago 
(Laws  of  1899) 

Sec.  121.  There  is  hereby  created  a  commission 
which  shall  be  known  as  the  Art  Commission  of  the  City 
of  Chicago,  and  such  commission  shall  consist  of  the 
mayor,  the  president  of  the  art  institute  of  Chicago,  the 
president  of  the  board  of  commissioners  of  Lincoln 
Park,  the  president  of  the  board  of  West  Park  com- 
missioners and  the  president  of  the  board  of  South  Park 
commissioners,  each  of  whom  shall  be  ex  officio  a  mem- 
ber of  the  said  art  commission,  and  three  other  persons 
to  be  appointed  by  the  mayor;  and  the  said  three  mem- 
bers to  be  appointed  by  the  mayor  shall  be  residents  of 
the  said  city,  and  one  of  the  said  three  members  shall 
be  a  painter,  one  a  sculptor  and  one  an  architect. 

Sec.  122.  The  said  commission  shall  proceed  and 
act  in  accordance  with  the  provisions  of  an  act  of  the 
legislature  entitled  "  an  act  to  provide  for  the  creation 
of  art  commissions  in  cities,  and  to  define  their  powers," 
approved  April  24,  1899;  as  follows: 

Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly : 

Section  1.  Whenever  in  any  city  in  this  state  the 
city  council  shall  deem  it  advisable,  they  may  by  ordi- 
nance provide  for  the  creation  of  a  commission  to  be 
known  as  the  Art  Commission  of  such  city. 

Sec.  2.  Such  commission  shall  consist  of  the  mayor 
of  such  city,  the  president  or  chief  officer  of  the  principal 
art  institute,  or  similar  incorporated  organization,  if 
there  be  any  in  such  city,  the  presidents  or  president  of 
the  boards  or  board  of  park  commissioners  of  any  parks, 
park  or  system  of  parks  within  the  limits  of  such  city 
under  the  control  of  a  board  or  boards  of  park  com- 
missioners. (All  of  whom  shall  serve  as  members  of  the 
State  Art  Commission  during  the  continuance  of  their 


12 

said  several  offices)  and  three  other  members,  residents 
of  such  city,  to  be  appointed  by  the  mayor.  One  of  said 
three  members  shall  be  a  painter,  one  a  sculptor  and  one 
an  architect. 

Sec.  3.  The  said  three  members  to  be  appointed 
by  the  mayor  shall  serve  for  one  year,  for  two  years  and 
for  three  years  as  members  of  said  commission,  and  shall 
determine  by  lot  their  respective  terms  of  office.  After 
the  expiration  of  said  terms  of  office  their  successors 
shall  be  appointed  for  a  term  of  three  years  in  each  case. 
All  appointments  to  fill  vacancies  shall  be  for  the  un- 
expired term.  In  case  any  vacancy  shall  occur  in  the 
commission  for  any  reason,  the  vacancy  shall  be  filled 
by  appointment  as  provided  in  the  preceding  section. 

Sec.  4.  The  commission  shall  serve  without  com- 
pensation as  such,  and  shall  elect  a  president  and  secre- 
tary from  its  own  members,  whose  term  of  office  shall 
be  for  one  year,  and  until  their  successors  are  elected  and 
qualified. 

The  commission  shall  have  power  to  adopt  its  own 
rules  of  procedure.  Five  commissioners  shall  constitute 
a  quorum. 

Sec.  5.  Suitable  offices  shall  be  provided  for  the 
commission  by  the  common  council  of  such  city,  and  the 
expenses  of  the  commission  shall  be  paid  by  appropria- 
tion made  therefor  by  said  common  council  annually. 

Sec.  6.  Hereafter  no  work  of  art  shall  become  the 
property  of  such  city  by  purchase,  gift  or  otherwise, 
unless  such  work  of  art,  or  a  design  of  the  same,  together 
with  a  statement  of  the  proposed  location  of  such  work 
of  art,  shall  first  have  been  submitted  to  and  approved 
by  the  commission;  nor  shall  such  work  of  art  until  so 
approved  be  erected  or  placed  in  or  upon,  or  allowed  to 
extend  over  or  upon  any  street,  avenue,  square,  common, 
municipal  building  or  other  place  belonging  to  such  city 
or  any  park,  boulevard,  or  public  ground  situated  within 


13 

the  limits  of  such  city.  The  commission  may,  when  they 
deem  proper,  also  require  a  complete  model  of  the  pro- 
posed work  of  art  to  be  submitted.  The  term  "  work  of 
art "  as  used  in  this  connection  shall  apply  to  and  in- 
clude all  paintings,  mural  decorations,  stained  glass, 
statues,  bas  reliefs,  or  other  sculptures,  ornaments, 
fountains,  images  or  other  structure  of  a  permanent 
character  intended  for  ornament  or  commemoration. 
The  term  municipal  building,  as  used  in  this  connection, 
shall  include  all  public  schools  and  all  buildings  or  por- 
tions thereof,  and  all  grounds  used  for  school  purposes 
in  such  city.  No  existing  work  of  art  in  the  possession 
of  the  city,  or  in  any  parks,  boulevards,  public  grounds, 
school  buildings,  or  school  grounds  aforesaid  shall  be 
removed,  relocated,  or  altered  in  any  way  without  the 
similar  approval  of  the  commission,  except  as  provided 
in  section  eight  of  this  act.  When  so  requested  by  the 
mayor  or  the  common  council  the  commission  shall  act 
in  a  similar  capacity  with  similar  powers  in  respect  of 
designs  of  buildings,  bridges,  approaches,  gates,  fences, 
lamps  or  other  structures  erected  or  to  be  erected  upon 
land  belonging  to  the  city  or  a  part  of  any  of  the  parks, 
public  grounds  or  boulevards  within  the  limits  of  such 
chy,  and  in  respect  of  the  lines,  grades  and  platting  of 
the  public  ways  and  grounds,  and  in  respect  of  the 
arches,  bridges,  structures  and  approaches  which  are  the 
property  of  any  corporation  or  private  individual,  and 
which  shall  extend  over  or  upon  any  street,  avenue,  high- 
way, boulevard,  park  or  other  public  place  belonging  to 
or  within  the  limits  of  such  city. 

But  this  section  shall  not  be  construed  as  impairing 
the  power  of  any  park  board  to  refuse  its  consent  to  the 
erection  or  acceptance  of  public  monuments  or  memorials 
or  other  works  of  art  or  structures  of  any  sort  within 
any  park,  boulevard  or  other  public  ground  under  their 
control  in  such  city. 


14 

Sec.  7.  If  the  commission  shall  fail  to  decide  upon 
any  matter  submitted  to  it  within  sixty  days  after  such 
submission,  its  decision  shall  be  deemed  unnecessary. 

Sec.  8.  In  case  the  removal  or  relocation  of  any 
existing  work  of  art  or  other  matter  that  under  the  pro- 
visions of  section  six  would  be  within  the  control  of  the 
Art  Commission  shall  be  deemed  necessary  by  those  in 
power  to  cause  such  removal  or  relocation,  the  commis- 
sion shall  within  forty-eight  hours  after  notice  approve 
or  disapprove  of  such  removal  or  relocation,  and  in  case 
of  their  failure  so  to  act  within  forty-eight  hours  after 
the  receipt  of  such  notice  they  shall  be  deemed  to  have 
approved  of  such  removal  or  relocation. 


15 


City  or  Cleveland 

(CUYAHOGA  COUNTY) 

(Laws  of  1902) 

Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Ohio: 

Sec.  4343.  When  a  city,  or  the  county  in  which  such 
city  is  located,  has  in  contemplation  or  in  process  of 
construction,  buildings  for  public,  municipal  or  county 
purposes  within  the  boundaries  of  such  city,  the  director 
of  public  service  may  employ  three  persons,  to  be  named 
by  him,  of  whom  at  least  two  shall  be  architects. 

Sec.  4344.  Under  the  supervision  of  the  director  of 
public  service,  such  persons  shall  have  control  of  the 
location  of  such  public,  municipal  or  county  buildings 
to  be  erected  on  the  ground  acquired  within  the  limits  of 
the  city,  and  of  the  size,  height,  style  and  general  ap- 
pearance of  such  buildings.  All  plans  and  specifications 
for  the  erection  thereof  shall  be  submitted  to  and  ap- 
proved by  them  before  adoption  by  the  authority  en- 
gaged in  such  construction. 

Sec.  4345.  Such  persons  shall  be  employed  at  a 
salary  not  to  exceed  five  thousand  dollars  per  annum 
each,  to  be  fixed  by  the  director  of  public  service  and 
paid  by  the  city  from  the  general  fund. 

City  Plan  Commission — City  Charter 

Sec.  77.  There  shall  be  a  city  plan  commission  to 
be  appointed  by  the  mayor  with  power  to  control,  in  the 
manner  provided  by  ordinance,  the  design  and  location 
of  works  of  art  which  are,  or  may  become,  the  property 
of  the  city ;  the  plan,  design  and  location  of  public  build- 
ings, harbors,  bridges,  viaducts,  street  fixtures  and  other 


16 

structures  and  appurtenances;  the  removal,  relocation 
and  alteration  of  any  such  works  belonging  to  the  city; 
the  location,  extension  and  platting  of  streets,  parks  and 
other  public  places,  and  of  new  areas;  and  the  prepara- 
tion of  plans  for  the  future  physical  development  and 
improvement  of  the  city. 


17 

Commission  of  Fine  Arts  (National) 

(Laws  of  1910) 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled, 

That  a  permanent  Commission  of  Fine  Arts  is 
hereby  created  to  be  composed  of  seven  well-qualified 
judges  of  the  fine  arts,  who  shall  be  appointed  by  the 
president,  and  shall  serve  for  a  period  of  four  years  each, 
and  until  their  successors  are  appointed  and  qualified. 
The  president  shall  have  authority  to  fill  all  vacancies. 
It  shall  be  the  duty  of  such  commission  to  advise  upon 
the  location  of  statues,  fountains,  and  monuments  in  the 
public  squares,  streets,  and  parks  in  the  District  of  Co- 
lumbia, and  upon  the  selection  of  models  for  statues, 
fountains,  and  monuments  erected  under  the  authority 
of  the  United  States  and  upon  the  selection  of  artists 
for  the  execution  of  the  same.  It  shall  be  the  duty  of 
the  officers  charged  by  law  to  determine  such  questions 
in  each  case  to  call  for  such  advice.  The  foregoing  pro- 
visions of  this  act  shall  not  apply  to  the  capitol  building 
of  the  United  States  and  the  building  of  the  library  of 
congress.  The  commission  shall  also  advise  generally 
upon  questions  of  art  when  required  to  do  so  by  the 
president,  or  by  any  committee  of  either  house  of  con- 
gress. Said  commission  shall  have  a  secretary  and  such 
other  assistance  as  the  commission  may  authorize,  and 
the  members  of  the  commission  shall  each  be  paid  actual 
expenses  in  going  to  and  returning  from  Washington  to 
attend  the  meetings  of  said  commission  and  while  at- 
tending the  same. 

Sec.  2.  That  to  meet  the  expenses  made  necessary 
by  this  act  an  expenditure  of  not  exceeding  ten  thousand 
dollars  a  j^ear  is  hereby  authorized. 


18 

State  of  Connecticut 
connecticut  state  capitol  commission  of  sculpture 

(Laws  of  1887) 

Sec.  4871.  Appointment  of  Commission.  The 
commission  of  sculpture  shall  consist  of  six  members,  two 
of  whom  shall  be  biennially  appointed  by  the  general 
assembly  to  hold  office  six  years. 

Sec.  4872.  No  Compensation;  Expenses.  No 
compensation  or  other  payment  shall  be  received  from 
any  source  by  any  member  of  the  commission;  but  all 
proper  expenses  incurred  by  the  commission  in  the  per- 
formance of  its  duties  shall  be  paid. 

Sec.  4873.  Decoration  of  Capitol  and  Grounds. 
All  matters  relating  to  the  decoration  of  the  capitol 
building  and  grounds  with  historical  statues  or  works  of 
art  shall,  before  final  action  by  the  general  assembly,  be 
referred  to  said  commission. 

Sec.  4874.  Reports.  Said  commission  shall  bien- 
nially report  to  the  governor,  stating  what  he  has  done  in 
pursuance  of  any  law  or  resolution  which  may  have  im- 
posed any  duty  upon  the  commission,  and  advising  what 
shall  be  done  by  the  state  relevant  to  sculptures  in  and 
upon  the  capitol  or  the  capitol  grounds;  but  the  com- 
mission shall  not,  without  special  authority  from  the  gen- 
eral assembly,  make,  erect,  or  remove  from  its  location 
anjr  statute  or  other  sculpture  upon  the  property  of  the 
state. 

Sec.  4875.  Officers.  Said  commission  shall  elect 
one  member  to  be  chairman  and  another  to  be  clerk,  and 
may  change  these  officers  at  any  time.  Four  members 
shall  be  a  quorum,  and  a  majority  of  the  quorum  present 
may  exercise  the  powers  of  the  commission;  but  a 
minority  of  the  commission  may  render  a  minority  re- 
port to  the  governor,  advising  what  shall  thereafter  be 


19 

done  by  the  state  relevant  to  sculptures  in  or  upon  the 
capitol  or  capitol  grounds. 

Five  thousand  dollars  shall  be  annually  paid  from 
the  state  treasury,  to  be  expended  by  the  commission  of 
sculpture  in  the  work  of  the  decoration  and  completion 
of  the  exterior  of  the  capitol  building.  The  comptroller 
shall  draw  his  order  on  the  treasurer  for  moneys  ex- 
pended under  the  provisions  of  this  act  upon  presenta- 
tion of  vouchers  therefor  duly  approved  by  said  commis- 
sion of  sculpture. 

Section  1.  The  commission  of  sculpture  may  ac- 
cept and  execute  any  trusts,  testamentary  or  otherwise, 
created  or  established  for  the  purpose  of  procuring, 
erecting  and  maintaining  any  memorial  on  public 
grounds  or  within  public  buildings  of  the  state  or  any 
municipality  therein,  and  the  court  of  probate  in  which 
a  will  creating  any  such  trust  has  been  proved  may  ap- 
point said  commission  as  trustee  to  execute  said  trust 
without  requiring  said  commission  to  furnish  a  probate 
bond  as  such  trustee. 

Sec.  2.  This  act  shall  not  be  construed  as  empow- 
ering said  commission  of  sculpture  to  erect  or  maintain 
any  such  memorial  upon  the  grounds  or  within  or  upon 
any  public  building  belonging  to  the  state  without  the 
consent  of  the  general  assembly,  nor  upon  any  grounds, 
nor  within  or  upon  any  public  building  belonging  to  any 
county,  city  or  town,  without  the  consent  of  the  county 
commissioners  of  the  county,  the  common  council  of  the 
city",  or  the  selectmen  of  the  town,  as  the  case  may  be. 


20 


City  and  County  of  Denver 
(Laws  of  1904) 

Sec.  121.  There  shall  be  an  art  commission  ap- 
pointed by  the  mayor,  who  shall  be  ex-officio  a  member 
of  said  commission.  The  commission  shall  consist  of  six 
members,  of  whom  two  shall  be  professional  artists,  one 
of  whom  shall  be  a  sculptor,  and  such  two  members  shall 
be  appointed  from  lists  of  names  prepared  and  submit- 
ted by  "  The  Artists'  Club  "  or  "  The  Municipal  Art 
League  "  of  Denver,  and  one  member  shall  be  a  pro- 
fessional architect;  the  others  shall  not  be  persons  pur- 
suing the  profession  of  art  or  architecture.  The  first  ap- 
pointments shall  provide  two  members  for  a  term  of  six 
years,  two  members  for  a  term  of  four  years,  and  two 
members  for  a  term  of  two  years;  and  thereafter  two 
appointments  for  the  term  of  six  years  shall  be  made 
biennially.    Vacancies  shall  be  filled  by  the  mayor. 

Sec.  122.  The  commission  shall  have  control  of 
all  matters  of  art  pertaining  to  the  city  and  county, 
and  advise  the  mayor  and  council  with  relation  thereto, 
and  serve  without  compensation. 

No  work  of  art  shall  become  the  property  of  the 
city  and  county,  or  subject  to  its  control,  unless  such 
work  or  the  design  for  the  same,  together  with  a  state- 
ment of  its  proposed  location,  shall  have  been  approved 
by  the  commission.  No  such  work  of  art  shall  be  re- 
moved, relocated  or  altered,  except  with  the  approval 
of  the  commission. 

No  member  of  the  commission  shall  receive  payment 
from  the  city  and  county  for  the  design  or  execution  of 
any  work  of  art. 

*  Sec.  123.    The  term  "  work  of  art  "  shall  include  all 
paintings,  stained   glass   windows,   mural   decorations, 


21 

statues,  bas-reliefs,  seals,  medals,  sculptures,  monu- 
ments, fountains,  arches,  ornamental  gateways,  and 
other  structures  of  a  permanent  character  intended  for 
ornament  or  commemoration. 

Sec.  124.  No  contract  or  order  for  the  execution  of 
any  work  of  art  for  said  city  and  county  shall  be  made 
until  submitted  to  the  commission  and  its  approval  se- 
cured. 


22 


City  of  Detroit 

city  plan  and  improvement  commission  having  art 
commission  functions 

(Laws  of  1909) 

It  is  hereby  ordained  by  the  People  of  the  City  of 
Detroit : 

Section  1.  There  shall  be  a  City  Plan  and  Im- 
provement Commission  for  the  city  of  Detroit,  com- 
posed of  nine  citizens  of  the  city  of  Detroit,  all  to  be 
appointed  by  the  mayor. 

Sec.  2.  Within  thirty  days  from  the  time  this  or- 
dinance takes  effect  the  mayor  shall  appoint  said  com- 
missioners, one  to  serve  for  one  year,  one  for  two  years, 
one  for  three  years,  one  for  four  years,  one  for  five  years, 
one  for  six  years,  one  for  seven  years,  one  for  eight  years, 
and  one  for  nine  years.  Subsequent  appointments  shall 
be  made  by  the  maj^or  annually ;  one  each  year  for  a  term 
of  five  years,  and  he  shall  also  fill  vacancies  as  they  may 
occur.  In  addition  to  the  nine  members  of  said  commis- 
sion, the  commissioner  of  parks  and  boulevards,  the  city 
engineer,  and  the  commissioner  of  public  works  shall  be 
ex-officio  members  of  said  commission,  without  power  to 
vote. 

Sec.  3.  The  commission  shall  elect  from  its  mem- 
bers a  president,  vice-president  and  secretary,  whose 
term  of  office  shall  be  for  one  year  and  until  their  suc- 
cessors are  elected  and  have  qualified.  The  commission 
shall  have  power  to  adopt  its  own  rules  of  procedure. 
Commissioners  shall  serve  without  compensation,  and 
five  members  shall  constitute  a  quorum. 

Sec.  4.  A  suitable  office  or  place  of  meeting  for  said 
commission  shall  be  provided,  and  such  expenses  may  be 
incurred  in  the  performance  of  its  duties  as  the  common 


23 

council  and  board  of  estimates  may  authorize.  It  shall 
be  the  duty  of  the  city  engineer's  department  and  the 
engineering  department  of  the  park  and  boulevard  de- 
partment, to  assist  said  commission  with  their  services. 

Sec.  5.  Said  commission  shall  be  constituted  as 
hereinbefore  provided  to  procure  information  and  make 
recommendations  to  the  mayor  and  the  common  council 
as  to  all  facts  bearing  upon  the  needs,  both  present  and 
future,  of  the  city  with  regard  to  the  creation,  develop- 
ment and  improvement  of  parks,  recreation  grounds, 
boulevards,  the  river  front;  the  extension  or  opening  of 
streets  and  avenues  or  other  public  ways  or  places  and 
city  plans  and  improvements  generally.  The  said  com- 
mission shall  receive  and  report  on  suggestions  offered 
by  citizens  or  officials  within  its  scope,  and  is  authorized 
to  prepare  recommendations  for  a  systematic  and  con- 
certed plan  of  such  needs,  both  present  and  future,  as  to 
the  addition  of  parks  or  the  various  other  improvements 
previously  referred  to  within  and  without  the  city  of 
Detroit  as  they  may  find  desirable,  and  which  said  com- 
mission shall,  when  practicable,  report  to  the  mayor  and 
the  common  council. 

Sec.  6.  No  work  of  art  now  in  the  possession  of  the 
city  shall  be  removed,  relegated  or  altered  in  any  way, 
nor  shall  any  property  be  acquired  for  park  or  boulevard 
purposes  or  playgrounds,  nor  shall  any  property  be 
condemned  for  the  widening  or  extension  of  any  park, 
boulevard  or  public  playground  unless  the  project  has 
been  submitted  to  and  approved  by  said  commission; 
nor  shall  any  gift  to  the  city  of  a  monumental  character 
be  accepted  until  the  sketch  or  plan  and  the  location  of 
the  same  has  been  approved  by  said  commission. 

Sec.  7.  When  so  requested  by  the  mayor  and  the 
common  council  or  either,  or  by  any  other  commission  or 
department,  the  commission  shall  act  in  a  similar  ca- 
pacity, with  advisory  powers,  in  respect  to  plans  and  lo- 


24 

cation  of  public  buildings,  bridges,  approaches,  or  other 
structures  erected  or  to  be  erected  by  the  city. 

Sec.  8.  If  the  commission  shall  fail  to  decide  upon 
any  matter  submitted  to  it  within  sixty  days  after  such 
submission  its  decision  or  approval  shall  be  deemed 
unnecessary. 

Sec.  9.     This  ordinance  shall  take  immediate  effect. 


25 


Jersey  City  and  Newark 

"  city  plan  commissions  "  having  art  commission 

functions 

(Laws  of  1913) 

Be  it  enacted  by  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey: 

In  cities  of  the  first  class  it  shall  be  lawful  for  the 
mayor  to  appoint  a  commission  to  be  known  as  the  "  City 
Plan  Commission,"  to  consist  of  not  more  than  nine 
citizens  of  such  city,  and  the  terms  of  office  of  all  of  such 
commissioners  shall  begin  upon  the  first  day  of  January 
next  succeeding  the  date  of  their  appointment  in  such 
city. 

Whenever  commissioners  shall  be  appointed  under 
this  act,  the  terms  of  such  commissioners  shall  be  divided 
into  classes  of  one,  two  and  three  years,  and  the  mayor 
shall  designate  which  of  such  commissioners  shall  hold 
such  respective  terms  under  the  first  appointment,  and 
shall  divide  the  said  commissioners,  as  nearly  as  may  be, 
into  such  classes,  and  said  commissioners  first  appointed 
as  aforesaid  shall  hold  their  terms  for  one,  two  and  three 
years  respectively. 

All  subsequent  appointments  shall  be  for  the  term  of 
three  years,  and  in  case  any  vacancy  arises  the  appoint- 
ment to  fill  the  same  shall  be  for  the  unexpired  term. 

Any  city  plan  commission  now  existing  in  any  such 
city  shall  be  continued,  but  with  the  powers  and  duties 
herein  provided,  until  the  appointment  of  new  commis- 
sioners, under  the  provision  of  this  act. 

Such  commissioners  shall  serve  without  pay,  and  it 
shall  be  the  duty  of  such  commission  to  prepare,  from 
time  to  time,  plans  for  the  systematic  and  further  devel- 


26 

opment  and  betterment  of  such  city.  It  shall  have  the 
power  and  authority  to  employ  experts,  clerks  and  a 
secretary,  and  to  pay  for  their  services,  and  to  pay  for 
such  other  expenses  as  such  commission  may  lawfully 
incur  under  the  powers  hereby  granted,  including  the 
necessary  disbursements  incurred  by  its  members  in  the 
performance  of  their  duties  as  members  of  said  commis- 
sion; provided,  however,  that  the  total  amount  so  ex- 
pended in  any  one  year  shall  not  exceed  the  appropria- 
tion for  such  year  as  hereinafter  provided. 

The  said  city  plan  commission  may  consider  and  in- 
vestigate any  subject  matter  tending  to  the  development 
and  betterment  of  such  city,  and  make  such  recommen- 
dations as  it  may  deem  advisable  concerning  the  adop- 
tion thereof  to  any  department  of  the  municipal  govern- 
ment, and  for  any  purpose,  make  or  cause  to  be  made, 
surveys,  plans  or  maps. 

All  questions  concerning  the  location  and  architec- 
tural design  of  any  work  of  art,  statue  or  other  memorial 
within  such  city  shall  be  referred  to  the  city  plan  com- 
mission for  its  consideration  and  report  before  final  ac- 
tion is  taken  thereon. 

All  plats  or  replats  of  any  lands  within  the  limits  of 
such  city  shall  be  submitted  to  the  city  plan  commission 
for  its  recommendation  before  the  same  are  approved. 

It  shall  be  lawful  for  the  board  or  body  having 
charge  of  the  finances  of  any  city  of  the  first  class  as 
aforesaid,  to  appropriate  any  amount  not  exceeding 
twenty-five  thousand  (25,000)  dollars  any  year  that 
such  commission  may  remain  in  existence,  for  the  ex- 
pense of  such  city  plan  commission,  and  the  moneys  re- 
quired for  the  expenses  of  said  commission  shall  be  raised 
by  annual  tax  upon  real  and  personal  property  as  other 
taxes  are  raised  in  and  for  such  city ;  provided,  however, 
that  for  the  fiscal  year  in  whicli  this  act  becomes  effective, 
such  moneys  may  be  raised  by  said  board  or  body  hav- 


27 

ing  charge  of  the  finances  of  such  city,  by  appropriating 
for  that  purpose  any  moneys  in  the  treasury  of  such 
city  not  otherwise  appropriated,  or  by  issuing  and  selling 
temporary  loan  bonds  or  certificates  of  indebtedness; 
provided  that  such  bonds  or  certificates  shall  be  sold  at 
public  or  private  sale,  after  due  advertisement,  at  not 
less  than  par ;  which  bonds  shall  bear  interest  at  not  more 
than  five  per  centum  per  annum,  and  the  payment 
thereof,  with  interest,  shall  be  provided  for  in  the  next 
tax  levy. 

All  acts  or  parts  of  acts  inconsistent  with  the  provi- 
sions of  this  act  are  hereby  repealed. 

This  act  shall  take  effect  immediately. 

Approved  March  12,  1913. 


28 


City  of  Los  Angeles 
(Laws  of  1911) 

Sec.  274.  There  is  hereby  established  a  commission 
of  the  government  of  the  city  of  Los  Angeles  to  be 
known  as  the  municipal  art  commission. 

Sec.  275.  The  municipal  art  commission  shall  be 
composed  of  the  f ollowing  persons,  to- wit :  The  mayor, 
ex  officio,  the  chief  inspector  of  buildings,  ex  officio,  the 
city  engineer,  ex  officio,  five  citizens,  to  be  appointed 
by  the  mayor,  subject  to  confirmation  by  a  majority  of 
the  council;  and  in  all  matters  within  the  cognizance  of 
said  commission  pertaining  to  any  department  of  the 
government  of  the  city,  the  president  of  the  board  or 
commission  having  charge  of  such  department,  or  other 
head  of  such  department,  shall  act  as  a  member  of  said 
commission.  The  appointive  members  of  said  commis- 
sion shall  serve  without  compensation.  They  shall  be 
selected  by  the  mayor  without  regard  to  sex,  and  shall 
be  known  to  him  as  having  special  knowledge  or  skill 
in  the  fine  or  applied  arts. 

Sec.  276.  The  appointive  members  of  the  munici- 
pal art  commission  shall  hold  office  for  four  years  and 
until  their  successors  are  appointed  and  qualified;  pro- 
vided, however,  that  the  five  appointive  members  of  said 
commission  first  appointed  hereunder  shall  so  classify 
themselves  by  lot  that  one  shall  go  out  of  office  on  the 
first  Monday  in  January,  1912,  one  on  the  first  Mon- 
day in  January,  1913,  one  on  the  first  Monday  in  Jan- 
uary, 1914,  and  two  on  the  first  Monday  in  January, 
1915.  If  any  vacancy  occur  in  the  appointive  members 
of  the  said  commission,  the  mayor  shall  fill  the  same  for 
the  unexpired  term,  subject  to  confirmation  by  a  ma- 
jority of  the  council. 


29 

Sec.  277-  The  municipal  art  commission  shall  or- 
ganize by  electing  a  president,  a  vice-president  and  a 
secretary  from  its  own  members,  who  shall  hold  office 
for  one  year  and  until  their  successors  are  elected,  un- 
less their  membership  on  said  commission  sooner  ex- 
pires. Said  commission  shall  have  power  to  adopt  rules 
for  its  own  government  and  procedure,  and  shall  hold 
meetings  as  often  as  may  be  prescribed  by  such  rules. 
Six  members  shall  constitute  a  quorum  for  the  transac- 
tion of  business. 

Sec.  278.  The  council  shall  provide  suitable  offices 
for  the  use  of  the  municipal  art  commission,  and  shall 
provide  funds  for  the  maintenance  and  expenses  of  the 
commission,  the  amount  to  be  fixed  annually  in  the 
budget. 

Sec.  279.  Hereafter  no  work  of  art  shall  become 
the  property  of  the  city  of  Los  Angeles,  by  purchase, 
gift  or  otherwise,  unless  such  work  of  art  or  the  design 
of  the  same,  together  with  a  statement  of  the  proposed 
location  of  such  work  of  art,  shall  first  have  been  sub- 
mitted to  and  approved  by  the  municipal  art  commis- 
sion by  a  majority  vote  thereof;  nor  shall  any  work  of 
art,  until  so  approved,  be  erected  or  placed  in  or  upon, 
or  allowed  to  extend  over  or  upon  any  municipal  build- 
ing, street,  avenue,  or  other  public  place  or  ground  be- 
longing to  or  under  the  control  of  the  city  of  Los  An- 
geles, excepting  parks.  The  said  commission  may, 
when  it  deems  proper,  also  require  a  complete  model 
of  the  proposed  work  of  art  to  be  submitted  to  such 
commission.  The  term  "  work  of  art  "  as  used  in  this 
article  shall  apply  to  and  include  all  paintings,  mural 
decorations,  stained  glass,  statues,  bas-reliefs  and  other 
sculptures,  monuments,  fountains,  arches,  gates,  and 
other  structures  of  a  permanent  character  intended  for 
ornament  or  commemoration.  No  existing  work  of  art 
belonging  to  or  in  the  possession  of  the  city  shall  be 


30 

removed,  relocated  or  altered  in  any  way  without  the 
like  approval  of  the  commission.  The  design  of  no 
public  building,  bridge,  approach,  fence,  retaining  wall, 
lamp,  lamp  post  or  other  similar  structure  proposed  to 
be  erected  by  or  under  the  authority  of  the  city  upon 
any  land  or  in  any  place  belonging  to  or  under  the 
control  of  the  city  shall  be  adopted  by  any  board,  com- 
mission, or  officer  having  charge,  superintendence  or 
control  of  the  design  or  construction  thereof,  unless 
such  design  shall  have  been  first  submitted  to  and  ap- 
proved by  the  municipal  art  commission  by  a  majority 
vote  thereof.  No  arch,  bridge,  structure  or  approach 
belonging  to  any  private  individual  or  corporation  shall 
be  permitted  to  extend  over,  into  or  upon  any  street, 
avenue,  highway  or  other  public  place  belonging  to  or 
under  the  control  of  the  city  of  Los  Angeles,  other  than 
parks,  unless  the  design  and  location  thereof  shall  have 
first  been  approved  by  the  municipal  art  commission  as 
hereinbefore  provided. 

Sec.  280.  If  the  said  commission  shall  fail  to  decide 
upon  any  matter  submitted  to  it  within  fifteen  days 
after  such  submission,  its  decision  shall  be  deemed  un- 
necessary; provided,  however,  that  the  time  for  such 
decision  may  be  extended  by  the  council  by  resolution. 

In  the  event  that  the  immediate  removal  or  reloca- 
tion of  any  existing  work  of  art  owned  or  controlled 
by  the  city  is  deemed  necessary  by  the  board  or  officer 
of  the  city  having  the  charge  or  custody  thereof,  the 
said  commission  shall  within  two  days  after  notice  in 
writing  from  such  board  or  officer,  approve  or  disap- 
prove such  removal  or  relocation,  and  in  case  said  com- 
mission shall  fail  to  so  act  within  two  days  after  the 
receipt  of  such  notice,  it  shall  be  deemed  to  have  ap- 
proved of  the  same. 

Sec.  281.  There  may  be  expended  for  art  produc- 
tions, to  be  selected  by  said  art  commission  and  placed 


31 

in  public  buildings,  grounds  or  parks  of  the  city,  such 
amount  as  the  council  may  determine,  and  such  amount 
may  be  included  in  the  annual  budget  for  that  purpose. 
The  word  "  productions "  shall  be  held  to  include, 
among  other  works  of  art,  mural  paintings  or  decora- 
tions which  artists  may  be  employed  to  put  on  the  walls 
of  public  buildings,  mosaic  and  stained  or  painted  glass. 
Sec.  282.  The  municipal  art  commission  shall  have 
such  further  powers  and  perform  such  other  duties  as 
may  be  granted  or  imposed  by  ordinance. 


32 


The  Commonwealth  of  Massachusetts 
(Laws  of  1910,  Chapter  422) 

Section  1.  An  art  commission  for  the  common- 
wealth is  hereby  established,  to  consist  of  five  citizens  of 
the  commonwealth,  to  be  appointed  by  the  governor  with 
the  advice  and  consent  of  the  council,  to  hold  office  for 
the  term  of  five  years  from  the  date  of  their  commission. 
Any  vacancy  occurring  in  the  membership  of  the  com- 
mission may  be  filled  for  the  unexpired  term  in  the  same 
manner  in  which  the  original  appointment  was  made. 
The  commission  shall  serve  without  compensation,  and 
shall  have  power  to  adopt  its  own  rules  and  to  elect 
such  officers  from  its  own  members  as  may  be  deemed 
proper. 

Sec.  2.  It  shall  be  the  duty  of  the  commission  to 
act  in  an  advisory  capacity  relative  to  the  creation,  ac- 
quisition, construction,  erection  or  remodeling  by  the 
commonwealth  or  upon  any  land  owned  by  the  common- 
wealth, of  any  work  of  art,  and  relative  to  the  artistic 
character  of  any  building  constructed,  erected  or  re- 
modeled by  the  commonwealth,  or  upon  land  owned  by 
the  commonwealth;  and  when,  upon  the  request  of  the 
governor,  there  shall  be  submitted  to  said  commission 
any  plan,  proposal  or  offer  relating  to  the  creation,  ac- 
quisition, construction,  erection  or  remodeling  by  the 
commonwealth,  or  on  land  or  in  a  building  owned  by 
the  commonwealth,  of  any  work  of  art,  or  relating  to 
the  erection,  construction  or  remodeling  of  any  building 
to  be  owned  by  the  commonwealth  or  on  commonwealth 
land,  and  such  plan,  proposal  or  offer  is  accompanied 
by  designs,  descriptions,  specifications,  drawings  or  mod- 
els sufficient  to  enable  the  commission  to  determine  the 
artistic  character  of  such  work  of  art  or  building,  it  shall 
be  the  duty  of  the  commission  to  file  with  the  governor 


33 

within  sixty  days  after  the  submission  of  the  matter  de- 
scriptive of  such  work  of  art  or  building,  its  opinion, 
either  approving  or  condemning  the  same,  to  which  the 
commission  may  add  such  suggestions  and  recommenda- 
tions as  it  deems  proper.  The  term  "  building,"  as  used 
herein,  shall  include  structures  intended  for  human  oc- 
cupation and  use,  and  also  all  bridges,  arches,  gates, 
walls  or  other  permanent  structures  of  any  character, 
and  the  term  "  work  of  art,"  as  used  herein,  shall  in- 
clude any  painting,  portrait,  mural  decoration,  stained 
glass,  statue,  bas-relief,  ornament,  fountain,  or  any  other 
article  or  structure  of  a  permanent  character  intended 
for  decoration  or  commemoration. 


34 


City  or  Milwaukee 

(Laws  of  1911,  Chapter  318) 

Section  1.  An  art  commission  is  hereby  estab- 
lished in  cities  of  the  first  class,  composed  as  follows : 

1.  The  president  of  the  board  of  park  commission- 
ers ex  officio. 

2.  The  president  of  the  board  of  trustees  of  the 
public  museum  ex  officio. 

3.  The  president  of  the  board  of  school  directors 
ex  officio,  two  professional  painters  and  two  architects, 
who  shall  be  residents  of  said  city,  the  last  four  and 
their  successors  in  office  to  be  appointed  by  the  three 
officials  above  named.  The  term  of  office  of  the  four 
first  appointed  shall  be  one,  two,  three  and  four  years, 
respectively.  Thereafter  the  term  of  office  of  each  ap- 
pointee shall  be  four  years.  Each  appointee  shall  hold 
office  until  his  successor  is  appointed  and  has  qualified. 

Sec.  2.  The  commission  shall  serve  without  com- 
pensation as  such  and  shall  elect  a  president,  vice- 
president  and  secretary  from  its  own  members,  whose 
terms  of  office  shall  be  one  year  and  until  their  suc- 
cessors are  elected  and  have  qualified.  The  commission 
shall  have  power  to  adopt  its  own  rules  of  procedure. 
Four  commissioners  shall  constitute  a  quorum. 

Sec.  3.  A  suitable  office  shall  be  provided  for  the 
commission  in  the  public  museum  building  of  such  city. 
The  expenses  of  the  commission,  not  exceeding  one 
hundred  dollars  annually,  shall  be  paid  by  the  city. 

Sec.  4.  Hereafter  no  work  of  art  shall  become  the 
property  of  said  city  by  purchase,  gift  or  otherwise, 
unless  such  work  of  art,  or  the  designs  of  the  same, 
together  with  a  statement  of  the  proposed  location  of 
same  shall  first  have  been  submitted  to  and  approved  by 
said  commission,  acting  by  a  majority  of  all  its  mem- 


35 

bers,  nor  shall  any  work  of  art  not  so  approved  be 
erected  or  placed  in,  over  or  upon,  or  allowed  to  exist  in, 
over  or  upon  any  street,  avenue,  square,  place,  common, 
park,  municipal  building  or  other  public  place  under 
the  control  of  said  city,  or  any  department  or  officer 
thereof.  No  existing  work  of  art  in  possession  of  said 
city  shall  be  removed,  relocated  or  altered  in  any  way 
without  the  similar  approval  of  said  commission,  and 
any  such  work  of  art  shall  be  removed,  relocated  or 
altered  in  any  way  that  may  be  ordered  by  a  vote  passed 
and  approved  in  writing  by  all  the  members  of  said 
commission,  and  also  approved  by  the  mayor  of  such 
city. 

Sec.  5.  The  term  "  art,"  as  used  in  this  act,  shall 
apply  to  and  include  all  paintings,  mural  decorations, 
statues,  bas-reliefs,  sculptures,  monuments,  fountains, 
arches,  ornamental  gateways,  memorial  windows  and 
structures  of  a  permanent  character  intended  for  orna- 
ment or  commemoration. 

Sec.  6.  Before  any  municipal  building,  bridge, 
approach  or  other  structure  shall  be  erected  by  the  city, 
the  design  therefor  shall  be  submitted  to  said  commis- 
sion for  examination  and  report,  but  such  report  shall 
be  considered  advisory  and  not  mandatory. 

Sec.  7.  If  said  commission  shall  fail  to  report  on 
any  matters  submitted  to  it  within  thirty  days  after  such 
submission,  its  decision  shall  be  deemed  unnecessary. 

Sec.  8.  This  Act  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  publication. 


36 


City  of  Minneapolis 

Sec.  5.  Hereafter  no  work  of  art  shall  become  the 
property  of  any  city  in  which  an  art  committee  has  been 
created  as  herein  provided ;  nor  shall  any  work  of  art  in 
such  city  having  such  art  committee  become  the  prop- 
erty of  the  state  or  of  any  county  by  purchase,  gift  or 
otherwise,  unless  the  same,  or  a  design  thereof,  together 
with  a  statement  of  the  proposed  location,  shall  first 
have  been  submitted  to  and  approved  by  the  commis- 
sion; nor  shall  such  work  of  art,  until  so  approved,  be 
erected  or  placed  in  or  upon,  or  allowed  to  extend  over 
or  upon,  any  street,  avenue,  square,  common  park, 
municipal  building  or  other  public  place  belonging  to 
the  state,  county  or  city.  The  commission  may,  when  it 
deems  proper,  also  require  a  complete  model  of  the  pro- 
posed work  of  art  to  be  submitted.  The  term  "  work  of 
art,"  as  used  in  this  act,  shall  apply  to  and  include  all 
paintings,  mural  decorations,  stained  glass,  statues,  bas- 
reliefs  or  other  sculptures,  monuments,  fountains,  arches, 
gates,  gateways  or  other  structures  of  a  permanent  char- 
acter intended  for  ornament  or  commemoration.  No 
existing  work  of  art  in  the  possession  of  the  city  shall  be 
removed,  relocated  or  altered  in  any  way  without  the 
similar  approval  of  the  commission,  except  as  provided 
in  section  7  of  this  chapter.  When  so  requested  by 
the  mayor  of  the  city  or  the  governing  body,  the  com- 
mission shall  act  in  a  similar  capacity,  with  similar 
powers,  respecting  the  designs  of  municipal  buildings, 
bridges,  approaches,  gates,  fences,  lamps  or  other  struc- 
tures erected  or  to  be  erected  upon  land  belonging  to  the 
city,  and  respecting  the  lines,  grades  and  platting  of 
public  ways  and  grounds,  and  respecting  arches,  bridges, 
approaches,  and  structures  which  are  the  property  of 
any  corporation  or  private  individual,  and  whicli  shall 


37 

extend  over  or  upon  any  street,  avenue,  highway,  park 
or  public  place  belonging  to  the  city.  But  this  section 
shall  not  be  construed  as  intended  to  impair  the  power 
of  the  library  board  or  of  the  park  commissioners  to 
refuse  its  or  their  consent  to  the  erection  or  acceptance  of 
public  monuments  or  memorials  or  other  works  of  art 
of  any  sort  within  or  upon  any  property  in  the  custody 
of  said  board  or  boards. 


38 


City  of  Mount  Vernon  (N.  Y.) 

(Laws  of  1909,  Chapter  552) 

Section  1 .  There  shall  be  a  municipal  art  commis- 
sion for  the  city  of  Mount  Vernon  composed  of,  first, 
the  mayor  of  the  city  of  Mount  Vernon,  ex  officio;  sec- 
ond, the  president  of  the  board  of  education  of  the  city 
of  Mount  Vernon,  ex  officio;  third,  the  president  of  the 
trustees  of  the  Mount  Vernon  public  library,  ex  officio; 
fourth,  the  president  of  the  board  of  aldermen  of  the 
city  of  Mount  Vernon,  ex  officio;  six  other  members  to  be 
appointed  by  the  mayor,  including  three  members  who 
practice  any  profession  in  the  fine  arts,  which  said  term 
shall  include  sculptors,  architects  and  painters  and  three 
other  members  composed  of  residents  of  the  said  city, 
none  of  whom  shall  be  a  painter,  sculptor  or  architect, 
but  one  of  whom  shall  be  a  lawyer,  and  the  others  shall 
be  selected  from  among  those  who  are  among  the  large 
taxpayers  of  the  city,  or  otherwise  peculiarly  qualified 
by  reason  of  their  knowledge  of  the  fine  arts  to  be  mem- 
bers of  the  said  commission.  In  case  any  vacancy  arises 
in  the  said  commission  by  resignation  or  by  termination 
of  office,  the  remaining  members  of  the  municipal  art 
commission  shall  submit  to  the  mayor  a  list  of  not  less 
than  three  times  the  number  of  commissioners  to  be  ap- 
pointed, having  special  reference  to  the  class  from  which 
said  members  shall  be  appointed,  and  it  shall  be  the  duty 
of  the  mayor  to  fill  all  vacancies  by  appointment  from 
the  list  as  submitted. 

Sec.  2.  The  members  of  the  commission  who  shall 
be  appointed  by  the  mayor  shall  choose  by  lot  one,  two 
and  three  year  terms  of  office,  and  the  appointment  of 
their  successors  after  the  expiration  of  the  first  year  of 
this  commission  shall  be  for  a  term  of  three  years. 

Sec.  3.     The  commission  shall  serve  without  com- 


39 

pensation  as  such,  and  shall  elect  a  president,  vice-presi- 
dent and  secretary  from  its  own  members  whose  terms 
of  office  shall  be  for  one  year  and  until  their  successors 
are  elected  and  have  qualified.  The  commission  shall 
have  power  to  adopt  its  own  rules  of  procedure.  Five 
commissioners  shall  constitute  a  quorum. 

Sec.  4.  Suitable  offices  shall  be  provided  for  the 
commission  by  the  common  council.  The  expenses  of  the 
commission  shall  be  paid  by  the  city  and  the  amount  of 
the  same  shall  be  fixed  annually  by  the  common  council. 

Sec.  5.     Hereafter  no  work  of  art  shall  become  the 
property  of  the  city  of  Mount  Vernon,  by  purchase,  gift 
or  otherwise,  unless  such  work  of  art  or  a  design  of  the 
same  together  with  the  proposed  location  of  such  work 
of  art  shall  first  have  been  submitted  to  and  approved 
by  the  commission;  nor  shall  any  work  of  art  until  ap- 
proved be  contracted  for,  erected  or  placed  in  or  upon, 
or  allowed  to  extend  over  or  upon  any  street,  avenue, 
square,  park,  public  building  or  other  public  place  be- 
longing to  the  city.  The  commission  may,  when  they 
deem  proper,  also  require  a  complete  model  of  the  pro- 
posed work  of  art  to  be  submitted.    The  term  "  work  of 
art "  shall,  as  used  in  this  title,  apply  to  all  paintings, 
mural  decorations,  stained  glass,  statues,  bas-reliefs  or 
other  sculptures,  monuments,  fountains,  arches  or  other 
structures  of  a  permanent  character  intended  for  orna- 
ment or  commemoration.    No  existing  work  of  art  in  the 
possession  of  the  city  of  Mount  Vernon  shall  be  removed, 
relocated  or  altered  in  any  way  without  the  similar  ap- 
proval of  the  commission.  The  commission  shall  act  in  a 
similar  capacity  with  similar  powers  in  respect  of  the  de- 
signs of  buildings,  bridges,  approaches,  gates,  fences, 
lamps  or  other  structures  erected  or  to  be  erected  upon 
land  belonging  to  the  city,  and  in  respect  to  the  lines, 
grades  and  plotting  of  public  ways  and  grounds  and  in 
respect  to  arches,  bridges,  structures  and  approaches 


40 

which  are  the  property  of  any  corporation  or  private 
individual,  and  which  shall  extend  upon  any  street,  ave- 
nue, highway,  park  or  public  place  belonging  to  the  city, 
and  such  commission  shall  so  act  and  its  approval  shall 
be  required  for  each  structure  which  shall  hereafter  be 
erected  or  contracted  for,  except  that  in  case  of  any 
structure  which  shall  hereafter  be  erected  or  contracted 
for  at  a  total  expense  not  exceeding  fifty  thousand  dol- 
lars the  approval  of  the  said  commission  shall  not  be 
required,  if  the  mayor  or  the  board  of  aldermen  shall  re- 
quest said  commission  not  to  act. 

Sec.  6.  If  the  commission  shall  fail  to  decide  on  any 
matter  submitted  to  it,  within  sixty  days  after  such 
submission  thereof,  its  decision  shall  be  deemed  unneces- 
sary. 

Sec.  7.  In  case  the  immediate  removal  or  relocation 
of  any  existing  work  of  art  shall  be  deemed  necessary 
by  the  mayor,  the  commission  shall  within  forty-eight 
hours  after  notice  from  him  approve  or  disapprove  of 
said  removal  or  relocation,  and  in  case  of  their  failure 
to  so  act  within  forty-eight  hours  after  the  receipt  of 
such  notice,  they  shall  be  deemed  to  have  approved  the 
same. 

Sec.  8.     This  act  shall  take  effect  immediately. 


41 


City  of  New  Haven 

(Laws  of  1905) 

There  shall  be  in  said  city  a  commission  on  public 
memorials  to  consist  of  three  citizens,  to  be  nominated 
by  the  mayor  and  confirmed  by  the  board  of  aldermen, 
each  to  hold  office  for  the  term  of  three  years.  When 
this  act  shall  take  effect  the  mayor  shall  nominate  three 
members  of  said  commission,  one  for  the  term  of  three 
years  from  the  first  day  of  July,  1905,  one  for  the  term 
of  two  years  from  the  first  day  of  July,  1905,  and  one 
for  the  term  of  one  year  from  the  first  day  of  July, 
1905,  and  thereafter  shall  nominate  one  member  of  such 
commission  during  the  month  of  June  in  each  year  for 
the  term  of  three  years  from  the  first  day  of  July  fol- 
lowing. The  members  of  said  commission  shall  be 
chosen  from  such  citizens  as  are  especially  qualified,  by 
travel,  training,  and  taste,  to  exercise  an  intelligent 
judgment  in  respect  to  the  matters  to  be  submitted  to 
them.  After  this  act  shall  take  effect,  all  projects  for 
the  erection  of  any  public  statue,  monument  or  other 
memorial  on  the  outside  of  any  city  building,  or  upon 
any  public  grounds  in  or  belonging  to  said  city,  shall 
be  referred  to  said  commission,  and  no  such  memorial 
shall  be  erected  until  its  style,  design,  and  material  shall 
have  been  approved  by  said  commission. 


42 


City  of  New  York 

(Laws  of  1898,  Laws  of  1901,  Chapter  466,  and  Laws 
of  1907,  Chapter  675) 

art  commission;  how  constituted 

Section  1.  Sections  six  hundred  and  thirty-three 
and  six  hundred  and  thirty-seven  of  the  Greater  New 
York  Charter,  as  re-enacted  by  chapter  four  hundred 
and  sixty-six  of  the  laws  of  nineteen  hundred  and  one, 
are  hereby  amended  to  read  as  follows: 

Sec.  633.  There  shall  be  an  Art  Commission  of 
The  City  of  New  York,  composed  as  follows: 

1.  The  mayor  of  the  city  of  New  York,  ex  officio. 

2.  The  president  of  the  Metropolitan  Museum  of 
Art,  ex  officio. 

3.  The  president  of  the  New  York  Public  Library 
(Astor,  Lenox  and  Tilden  foundations),  ex  officio. 

4.  The  president  of  the  Brooklyn  Institute  of  Arts 
and  Sciences,  ex  officio. 

One  painter,  one  sculptor  and  one  architect,  all  resi- 
dents of  the  city  of  New  York;  and  three  other  resi- 
dents of  said  city,  none  of  whom  shall  be  a  painter, 
sculptor  or  architect  or  member  of  any  other  profession 
in  the  fine  arts.  All  of  the  six  last  mentioned  shall  be 
appointed  by  the  mayor  from  a  list,  of  not  less  than 
three  times  the  number  to  be  appointed,  proposed  by 
the  Fine  Arts  Federation  of  New  York.  In  all  mat- 
ters of  which  such  commission  takes  cognizance  pertain- 
ing to  work  under  the  special  charge  of  a  commission 
or  department,  the  commissioner  having  such  special 
charge  shall  act  as  a  member  of  the  commission.  Each 
of  the  aforesaid  presidents  may  appoint  a  trustee  of  the 
institution  or  corporation  of  which  he  is  president  to 
serve  in  his  place  as  ex  officio  member  of  said  commis- 
sion.    Such  appointment  shall  be  in  writing  and  shall 


43 

be  revocable  at  any  time  by  such  president.  It  shall 
terminate  whenever  he  ceases  to  be  president.  Until 
the  appointment  be  so  revoked  or  terminated,  any 
trustee  so  appointed  shall  be  an  ex  officio  member  of 
said  commission  with  like  powers  and  duties  as  the  presi- 
dent who  has  appointed  him. 

MEMBERS    OF    COMMISSION;     HOW    CHOSEN;     VACANCIES, 

ETC. 

Sec.  634.  The  painter,  sculptor  and  architect,  mem- 
bers of  the  commission,  shall  choose  by  lot,  one,  two 
and  three  year  terms  of  office ;  the  three  other  appointed 
members  of  the  commission  shall  also  choose  by  lot,  one, 
two  and  three  year  terms  of  office ;  and  the  appointment 
of  their  successors,  after  the  expiration  of  the  first  year 
of  this  commission,  shall  be  for  a  term  of  three  years. 
All  appointments  to  fill  vacancies  shall  be  for  the  unex- 
pired term. 

In  case  any  vacancy  shall  occur  in  the  commission 
by  reason  of  death,  resignation,  incapacity,  refusal  to 
serve,  or  otherwise,  the  vacancy  shall  be  filled  by  ap- 
pointment, as  provided  in  section  633  of  this  act.  In 
case  the  Fine  Arts  Federation  shall  fail  to  present  a 
list  of  nominees  as  aforesaid  within  three  months  from 
the  time  when  any  appointment  is  to  be  made,  the 
Mayor  shall  appoint  without  such  nomination. 

OFFICERS 

Sec.  635.  The  commission  shall  serve  without  com- 
pensation as  such,  and  shall  elect  a  president,  vice-presi- 
dent and  secretary  from  its  own  members,  whose  terms 
of  office  shall  be  for  one  year,  and  until  their  success- 
ors are  elected  and  have  qualified.  The  commission 
shall  have  power  to  adopt  its  own  rules  of  procedure. 
Five  commissioners  shall  constitute  a  quorum. 


44 


OFFICES  TO  BE  PROVIDED ;  EXPENSES,  HOW  MET 

Sec.  636.  Suitable  offices  shall  be  provided  for  the 
commission  by  the  board  of  estimate  and  apportionment. 
The  expenses  of  the  commission  shall  be  paid  by  the  city ; 
and  the  amount  of  the  same  shall  be  fixed  annually  by 
the  board  of  estimate  and  apportionment  and  the  board 
of  aldermen. 


ALL  WORKS  OF  ART  TO  BE  SUBMITTED  TO  AND  APPROVED 
BY  THE  COMMISSION 

Sec.  637.  Hereafter  no  work  of  art  shall  become 
the  property  of  the  city  of  New  York,  by  purchase,  gift 
or  otherwise,  unless  such  work  of  art  or  a  design  of  the 
same,  together  with  the  proposed  location  of  such  work 
of  art,  shall  first  have  been  submitted  to  and  approved 
by  the  commission;  nor  shall  such  work  of  art  until  ap- 
proved be  contracted  for,  erected  or  placed  in  or  upon, 
or  allowed  to  extend  over  or  upon  any  street,  avenue, 
square,  common,  park,  public  building,  or  other  public 
place  belonging  to  the  city.  The  commission  may,  when 
they  deem  proper,  also  require  a  complete  model  of  the 
proposed  work  of  art  to  be  submitted.  The  term  "  work 
of  art  "  as  used  in  this  title  shall  apply  to  and  include  all 
paintings,  mural  decorations,  stained  glass,  statues,  bas- 
reliefs  or  other  sculptures ;  monuments,  fountains,  arches, 
or  other  structures  of  a  permanent  character  intended 
for  ornament  or  commemoration.  No  existing  work  of 
art  in  the  possession  of  the  city  shall  be  removed,  relo- 
cated or  altered  in  any  way  without  the  similar  approval 
of  the  commission,  except  as  provided  in  section  six 
hundred  and  thirty-nine  of  this  act.  The  commission 
shall  act  in  a  similar  capacity,  with  similar  powers,  in 
respect  to  the  designs  of  buildings,  bridges,  approaches, 
gates,  fences,  lamps  or  other  structures  erected  or  to  be 
erected  upon  land  belonging  to  the  city,  and  in  respect 


45 

to  the  lines,  grades  and  plotting  of  public  ways  and 
grounds  and  in  respect  of  arches,  bridges,  structures  and 
approaches  which  are  the  property  of  any  corporation 
or  private  individual,  and  which  shall  extend  over  or 
upon  any  street,  avenue,  highway,  park  or  public  place 
belonging  to  the  city,  and  said  commission  shall  so  act 
and  its  approval  shall  be  required  for  every  such  struc- 
ture which  shall  hereafter  be  erected  or  contracted  for; 
except  that  in  case  of  any  such  structure  which  shall 
hereafter  be  erected  or  contracted  for  at  a  total  expense 
not  exceeding  two  hundred  and  fifty  thousand  dollars, 
the  approval  of  said  commission  shall  not  be  required, 
if  the  mayor  or  the  board  of  aldermen  shall  request  said 
commission  not  to  act.  But  this  section  shall  not  be  con- 
strued as  intended  to  impair  the  power  of  the  park  board 
to  refuse  its  consent  to  the  erection  or  acceptance  of 
public  monuments  or  memorials  or  other  works  of  any 
sort  within  any  park,  square  or  public  place  in  the  city. 

TIME  FOR  DECISION   LIMITED 

Sec.  638.  If  the  commission  shall  fail  to  decide 
upon  any  matter  submitted  to  it  within  sixty  days  after 
such  submission,  its  decision  shall  be  deemed  un- 
necessary. 

REMOVAL   OR   RELOCATION   OF   WORKS    OF   ART;   DUTY   OF 

COMMISSION 

Sec.  639.  In  case  the  immediate  removal  or  reloca- 
tion of  any  existing  work  of  art  shall  be  deemed  neces- 
sary by  the  mayor,  the  commission  shall  within  forty- 
eight  hours  after  notice  from  him  approve  or  disapprove 
of  such  removal  or  relocation,  and  in  case  of  their  failure 
to  so  act  within  forty-eight  hours  after  the  receipt  of 
such  notice  they  shall  be  deemed  to  have  approved  the 
same. 


46 

City  of  Philadelphia 
(Laws  of  1913) 

Section  1.  Be  it  enacted,  &c,  That  in  every  city 
of  the  first  class  in  this  commonwealth  there  shall  be  an 
art  jury,  composed  of  the  mayor  of  the  city,  ex  officio, 
and  eight  other  members  to  be  appointed  by  him  as  here- 
inafter provided.  In  all  matters  within  the  jurisdiction 
of  the  jury,  pertaining  to  work  under  the  special  charge 
of  a  bureau  in  any  department  of  the  city,  the  head  of 
such  bureau  shall,  also,  for  the  time  being,  act  as  a  mem- 
ber of  the  jury,  ex  officio. 

Sec.  2.  The  members  of  the  jury,  to  be  appointed 
by  the  mayor,  shall  consist  of  a  painter,  a  sculptor,  an 
architect,  a  member  of  a  commission  having  control  of 
a  public  park  in  said  city,  not  holding  any  other  office 
under  the  city  government,  and  four  other  persons,  not 
engaged  in  the  practice  of  the  profession  of  painting, 
sculpture,  or  architecture,  but,  at  the  date  of  their  ap- 
pointment, members  of  the  governing  body  or  teaching 
force  of  a  corporation  or  corporations  organized  under 
the  laws  of  this  commonwealth  and  conducting  a  school 
of  art  or  architecture  in  said  city.  Those  first  selected 
shall  be  appointed  by  the  mayor  in  groups  of  two,  for 
terms  of  one,  two,  three  and  four  years,  respectively, 
from  the  first  Monday  of  April,  and  thereafter  the  suc- 
cessor of  each  of  them  shall  be  appointed  for  a  term  of 
four  years  from  the  date  of  expiration  of  his  prede- 
cessor's term,  except  in  the  case  of  an  appointment  to 
fill  a  vacancy  occurring  during  a  term,  which  shall  be  for 
only  the  unexpired  portion  of  the  term.  All  appoint- 
ments under  this  act  shall  be  exempt  from  the  provisions 
of  the  act  to  regulate  and  improve  the  civil  service  of  the 
cities  of  the  first  class,  approved  March  fifth,  one  thou- 
sand nine  hundred  and  six,  but  shall  be  subject  to  con- 
firmation by  select  councils  of  the  said  cities. 


47 

Sec.  3.  The  members  of  the  jury  shall  serve  with- 
out compensation ;  and  from  their  own  number  shall  elect 
a  president  and  vice-president,  to  serve  for  one  year,  and 
until  their  successors  are  elected.  The  jury  shall  have 
power  to  adopt  its  own  rules  of  procedure  and  to  pre- 
scribe regulations  for  the  submission  to  it  of  all  matters 
within  its  jurisdiction.  Five  members  shall  constitute 
a  quorum.  The  jury  shall  have  power  to  employ  a  sec- 
retary, and  such  clerks,  stenographers  and  other  assis- 
tants as  it  may  require.  All  employees  of  the  jury  shall 
be  exempt  from  the  provisions  of  the  act  to  regulate  and 
improve  the  civil  service  of  the  cities  of  the  first  class,  ap- 
proved March  fifth,  one  thousand  nine  hundred  and  six. 
The  councils  of  said  city  shall,  by  ordinance,  provide  for 
the  necessary  expense  of  the  jury,  including  the  salaries 
of  its  employees. 

Sec.  4.  Hereafter  no  work  of  art  shall  become  the 
property  of  a  city  of  the  first  class,  by  purchase,  gift, 
or  otherwise,  unless  such  work  of  art,  or  design  for  the 
same,  and  the  proposed  location  of  such  work  of  art, 
shall  first  have  been  submitted  to  and  approved  by  the 
art  jury  of  said  city;  nor  shall  any  work  of  art,  until  so 
approved,  be  erected  or  placed  in  or  upon,  or  allowed 
to  extend  over,  any  building,  highway,  stream,  lake, 
square,  park,  or  other  public  place  belonging  to  or  under 
the  control  of  said  city.  The  jury  may,  when  it  deems 
proper,  also  require  a  complete  model  of  the  proposed 
work  of  art  to  be  submitted  to  it  before  taking  final  ac- 
tion thereon.  The  term  "  work  of  art,"  as  used  in  this 
act,  shall  include  all  paintings,  mural  decorations,  in- 
scriptions, stained  glass,  statues,  reliefs,  or  other  sculp- 
tures, monuments,  fountains,  arches,  or  other  structures, 
intended  for  ornament  or  commemoration.  No  existing 
work  of  art,  in  the  possession  of  the  city,  shall  be  re- 
moved, relocated,  or  altered  in  any  way  without  the  ap- 
proval of  the  jury. 


48 

Sec.  5.  The  jury  shall  make  to  the  mayor,  annu- 
ally, on  or  before  the  first  Monday  of  February,  a  report 
of  its  proceedings  during  the  preceding  year,  and  shall 
also,  from  time  to  time,  make  such  recommendations  for 
improvements  to  the  city  as  it  may  deem  advisable. 

Sec.  6.  This  act  shall  not  limit,  or  affect  in  any 
way,  the  authority  conferred  by  law  upon  any  commis- 
sion to  lay  out,  improve,  or  maintain  any  public  park,  in 
any  city  of  the  first  class,  now  under  the  control  of  such 
commission;  nor  shall  it  restrict  in  any  way  the  exercise 
of  full  discretion  by  such  commission  in  the  execution  of 
any  trust  created  by  deed  or  will. 

Sec.  7.  No  construction  or  erection,  in  a  city  of  the 
first  class,  of  any  building,  bridge  or  its  approaches, 
arch,  gate,  fence,  or  other  structure  or  fixture,  which  is 
to  be  paid  for,  either  wholly  or  in  part,  by  appropriation 
from  the  city  treasury,  or  other  public  funds,  or  for 
which  the  city,  or  any  other  public  authority,  is  to  fur- 
nish a  site,  shall  be  begun,  unless  the  design  and  pro- 
posed location  thereof  shall  have  been  submitted  to  the 
jury,  at  least  sixty  days  before  the  final  approval 
thereof,  by  the  officer  or  other  person  having  authority 
to  contract  therefor.  The  approval  of  the  jury  shall 
also  be  required  in  respect  to  all  structures  or  fixtures 
belonging  to  any  person  or  corporation,  which  shall  be 
erected  upon,  or  extend  over,  any  highway,  stream,  lake, 
square,  park  or  other  public  place,  within  the  city,  ex- 
cept as  provided  in  section  six  of  this  act.  In  deeds  for 
land,  made  by  any  city  of  the  first  class,  restrictions  may 
be  imposed  requiring  that  the  design  and  location  of 
structures  to  be  altered  or  erected  thereon  shall  be  first 
approved  by  the  art  jury  of  such  city.  Nothing  requir- 
ing the  approval  of  the  jury  shall  be  erected,  or  changed 
in  design  or  location,  without  its  approval.  If  the  jury 
fails  to  act  upon  any  matter  submitted  to  it  within  sixty 
days  after  such  submission,  its  approval  of  the  matter 
submitted  shall  be  presumed. 


49 


City  of  Pittsburgh 

(Laws  of  1911) 

Section  1.  Be  it  enacted,  etc.,  That  an  additional 
executive  department  is  hereby  created  in  and  for  cities 
of  the  second  class,  to  be  known  as  the  art  commission, 
the  members  of  which  shall  be  appointed  by  the  mayor, 
by  and  with  the  advice  and  consent  of  the  select  council, 
and  who  shall  hold  office  during  the  term  for  which  the 
mayor  shall  have  been  elected  and  until  their  successors 
shall  be  respectively  appointed  and  qualified.  In  addi- 
tion to  the  mayor  and  the  director  of  the  department  of 
public  works,  who  shall  be  members  ex  officio,  the  art 
commission  shall  consist  of  one  painter,  one  sculptor, 
three  architects,  all  of  whom  shall  be  eminent  in  their 
respective  professions,  and  two  others,  neither  of  whom 
shall  be  a  painter,  a  sculptor,  or  architect,  and  all  of 
such  appointed  members  shall  serve  without  compensa- 
tion ;  and,  in  case  any  vacancy  shall  happen  among  them, 
such  vacancy  shall  be  filled  by  the  mayor,  for  the  unex- 
pired term.  The  art  commission  shall  elect  a  president 
and  secretary,  whose  term  of  office  shall  be  for  one  year. 
They  may  employ  clerks  and  other  persons,  whose  sal- 
aries and  wages,  together  with  the  other  necessary  ex- 
penses of  the  commission,  shall  be  provided  for,  in  the 
discretion  of  councils,  by  the  proper  appropriations  and 
ordinances.  A  majority  of  the  seven  appointed  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  any 
business  or  the  decision  of  any  matters  within  the  com- 
petence or  jurisdiction  of  the  commission,  and  the  ma- 
jority of  such  quorum  may  decide;  and  the  commission 
shall  have  the  power  to  adopt  its  own  rules  of  proced- 
ure, not  inconsistent  with  any  law  or  ordinance,  and  so 
that  in  proper  cases  reasonable  notice  and  full  opportun- 


50 

ity  to  be  heard  shall  be  afforded  according  to  the  prin- 
ciples of  the  common  law. 

Sec.  2.  The  term  "  work  of  art,"  as  used  in  this  act 
shall  apply  to  and  include  all  paintings,  mural  decora- 
tions, statues,  bas-reliefs,  sculptures,  monuments,  foun- 
tains, arches,  ornamental  gateways,  and  other  structures 
of  a  permanent  character,  intended  for  ornament  or  com- 
memoration. Hereafter  no  work  of  art  shall  become 
the  property  of  the  city,  by  purchase,  gift,  or  otherwise, 
unless  such  work  of  art,  or  the  design  of  the  same,  to- 
gether with  a  statement  of  the  proposed  location  of  the 
same,  shall  first  have  been  submitted  to  and  approved 
by  said  art  commission,  acting  by  a  majority  of  all  its 
appointed  members;  nor  shall  any  work  of  art,  until  so 
approved,  be  erected  or  placed  in,  over  or  upon,  or  al- 
lowed to  extend  in,  over  or  upon,  any  street,  avenue, 
square,  place,  common,  park,  municipal  building,  or 
other  public  place,  under  the  control  of  the  city  or  any 
department  or  officer  thereof.  And  the  said  commission 
shall  act  in  a  similar  capacity,  with  similar  powers,  in 
respect  to  the  design  of  any  municipal  building,  bridge, 
approach,  lamp,  ornamental  gate,  or  fence,  or  other 
structure  erected  or  to  be  erected  upon  land  belonging 
to  the  city,  or  other  public  place  under  its  control: 
Provided,  That  this  section  shall  not  apply  to  bridges 
costing  less  than  twenty-five  thousand  dollars,  nor  to 
buildings  costing  less  than  fifty  thousand  dollars.  No 
existing  work  of  art  in  the  possession  of  the  city  shall  be 
removed,  relocated  or  altered  in  any  way,  without  the 
similar  approval  of  said  commission ;  and  any  such  work 
of  art  shall  be  removed,  relocated  or  altered,  in  any  way 
that  may  be  ordered,  by  a  vote  passed,  and  approved  in 
writing,  by  two-thirds  of  all  the  members  of  said  com- 
mission, unless  such  work  of  art  is  attached  to  a  portion 
of  a  building  or  other  structure  in  process  of  demolition. 
In  case  the  immediate  removal  or  relocation  of  anv  ex- 


51 

isting  work  of  art  shall  be  deemed  necessary  by  the 
proper  authorities,  the  commission  shall,  within  forty- 
eight  hours  after  notice  from  them,  approve  or  disap- 
prove of  such  removal  or  relocation,  and,  in  case  of  their 
failure  to  act  within  such  forty-eight  hours,  they  shall 
be  deemed  to  have  approved  the  action  proposed. 

In  all  other  cases,  if  the  commission  shall  fail  to  de- 
cide upon  any  matter  submitted  to  them,  within  sixty 
days  after  its  submission,  their  decision  shall  be  deemed 
unnecessary. 

Sec.  3.  The  art  commission,  acting  by  a  quorum 
of  appointed  members,  shall  have  the  like  power  and 
jurisdiction  over  any  arch,  bridge,  building,  fence,  or 
approach  which  is  to  be  the  property  of,  and  is  proposed 
to  be  erected  or  placed  by,  any  public  service  corporation 
in  any  street,  highway,  or  public  place,  for  any  purpose 
of  such  corporation,  and  within  the  lines  of  any  street, 
avenue,  park,  or  public  place,  and  visible  to  the  eye.  It  is 
among  the  purposes  of  this  act  to  secure,  so  far  as  may 
be  reasonably  practicable,  the  free  light,  air  and  pros- 
pect of  the  streets  and  open  spaces  of  the  city,  and  to 
prevent  the  obstruction  of  the  same  by  unsightly  struc- 
tures, though  lawfully  erected,  and  for  that  purpose  the 
art  commission  is  authorized  to  devise,  and  recommend 
for  adoption  by  ordinance  of  councils,  such  designs  and 
regulations  as  may  tend  to  prevent  the  unsightly  occu- 
pation of  such  streets  and  open  spaces,  and,  so  far  as 
may  be  practicable,  to  promote  the  beautification  of  such 
streets  and  open  spaces. 

The  commission  may  volunteer  advice  or  suggestion 
to  the  owners  of  private  property  in  relation  to  the 
beautification  of  the  same;  and  any  citizen  or  person, 
who  may  be  about  to  erect  any  building  or  make  any  im- 
provement may  submit  the  plans  and  designs  thereof  to 
the  art  commission  for  advice  and  suggestion.  And 
the  art  commission  may  receive  and  act  upon  the  com- 


52 

plaints  and  suggestions  of  citizens  or  voluntary  associa- 
tions having  such  objects  and  purposes  in  view  as  are 
aforesaid;  and  in  acting  upon  the  recommendations  of 
the  art  commission  the  councils  of  the  city  may  make 
full  exercise  of  the  police  power,  by  ordinance. 


53 


City  of  Yonkers 
(Laws  of  1909) 

Sec.  120.  Cities  of  the  first  and  second  class  are 
hereby  authorized,  in  the  discretion  of  those  officers  or 
bodies  in  such  cities  that  have  charge  of  the  appropria- 
tion of  the  public  funds,  to  purchase  works  of  art  which 
are  the  production  of  professional  artists  who  are  citizens 
of  the  United  States,  and  which  have  been  executed 
in  the  United  States.  The  word  "  productions  "  shall 
be  held  to  include  among  other  works  of  art,  mural 
paintings  or  decorations  which  artists  may  be  employed 
to  put  on  the  walls  of  public  buildings  of  such  cities, 
mosaic  and  stained  or  painted  glass.  A  city  of  the  first 
class  may  expend  under  this  section  any  amount  not  to 
exceed  fifty  thousand  dollars  annually.  A  city  of  the 
second  class  may  expend  under  this  section  not  to  exceed 
ten  thousand  dollars  annually. 

Sec.  121.  Where  provision  is  not  made  by  law  for 
an  art  commission  for  any  city  of  the  first  or  second  class, 
the  mayor  of  such  city  shall,  as  soon  as  any  city  decides 
to  expend  any  moneys  under  the  provisions  of  this 
article,  appoint  art  commissioners  for  such  city.  Such 
commissioners  may  include  women,  but  shall  not  contain 
more  than  a  bare  majority  of  persons  selected  from  any 
political  party.  It  shall  be  composed  of  persons  who  are 
experts  in  art  matters. 

Sec.  122.  All  art  productions  purchased  under  this 
article  shall  be  selected  by  the  art  commission  of  the  city, 
and  shall  be  placed  in  the  public  buildings,  grounds  or 
parks  thereof  for  the  purpose  of  beautifying  the  same. 


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